Code Revision Commission et al v. Public.Resource.Org, Inc.
Filing
29
MOTION for Summary Judgment with Brief In Support by Public.Resource.Org, Inc., Public.Resource.Org, Inc., Public.Resource.Org, Inc.. (Attachments: # 1 Statement of Material Facts, # 2 Brief Memorandum of Law In Support, # 3 Exhibit Ex. A, # 4 Exhibit Ex. B, # 5 Exhibit Ex. C, # 6 Exhibit Ex. D, # 7 Exhibit Ex. E, # 8 Exhibit Ex. F, # 9 Exhibit Ex. G, # 10 Exhibit Ex. H, # 11 Exhibit Ex. I, # 12 Exhibit Ex. J, # 13 Exhibit Ex. K, # 14 Exhibit Ex. L, # 15 Exhibit Ex. M, # 16 Exhibit Ex. N, # 17 Exhibit Ex. O)(Parker, Sarah) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
Case 1:15-cv-02594-MHC Document 29-7 Filed 05/17/16 Page 1 of 5
EXHIBIT E
Reprinted with permission from the Georgia State Bar Journal, Volume 29-7 Filed February 1982. Copyrightof 5 Bar of Georgia.
Case 1:15-cv-02594-MHC Document 18, Number 3, 05/17/16 Page 2 State
Statements expressed within this article should not be considered endorsements of products or procedures by the State Bar of Georgia.
THE MAKING
OFANEWCODE
The Official Code of Georgia Annotated:
Recodification in Georgia
By Terry A. McKenzie
ON NOVEMBER 1, 1982, the first Official Code of Georgia in almost
50 years will become effective. 1 The adoption of this Code represents years of effort by the General Assembly, the Code Revision
Commission, the Office of Legislative Counsel, the State Bar of
Georgia, and the Michie Company. This article reviews the recodification process in Georgia and describes the features of the new
Code in an effort to provide information that will be helpful in using
the new Code.
History of Recodification
1
Official codes were enacted by
the General Assembly or became
effective following their enactment in 1863, 1868, 1873, 1882,
1889, 1910, and 1933. In addition
to these official codes, several private individuals and companies
have published unofficial codes in
Georgia. These unofficial codes
were not enacted by the General
Assembly.
Recognizing the length of time
that had elapsed since the adoption of the Code of 1933 and the
changes that have occurred in the
law and in state government since
that time, the General Assembly
created the Code Revision Study
Committee in 1976. 2 This committee recommended that the
102
recodification process be undertaken. To carry out this recommendation, the General Assembly
in 1977 created the Code Revision
Commission (the "Commission'V
The Commission is composed of
the Lieutenant Governor and four
members of the Senate, the
Speaker and four additional
members of the House of Representatives, and five members appointed by the president of the
State Bar of Georgia, one of
whom is a senior judge of the superior courts and one of whom is
a district attorney. The Office of
Legislative Counsel provides staff
services to the Commission. Following presentations by five law
publishers, the Commission entered into a contract on June 19,
1978 with the Michie Company
for the preparation and publica-
tion of the Official Code of Georgia Annotated.
The Recodification
Process
Immediately following the execution of the contract with the
Michie Company, the Commission and its staff began developing the rules of style that are used
in the new Code. A three unit
numbering system was adopted
for Code section numbers.• Uniform designations were developed
for subsections, paragraphs, subparagraphs, divisions, and subdivisions of Code sections!1 The
Code was divided into titles, titles
into chapters, chapters into articles, articles into parts, and parts
into subparts. Rules for capitaliza-
GEORGIA STATE BAR JOURNAL
Case 1:15-cv-02594-MHC Document 29-7 Filed 05/17/16 Page 3 of 5
tion and punctuation were
adopted and a dictionary8 was selected as a standard reference
work. Standard headings were developed for those types of sections
that are repetitive in nature, such
as definition sections. 7
Following the adoption of the
rules of style, the editorial staff of
the Michie Company arranged the
statutes into 53 titles selected by
the Commission. This was done
by actually cutting and pasting
copies of the Code of 1933 and all
Georgia laws enacted since 1933.
In addition, statutes enacted prior
to 1933 that were inadvertently
omitted from the Code of 1933
were included. The statute copy
that resulted from this process
thus contained the text of the laws
as they were actually enacted by
the General Assembly.
The editors then began a titleby-title examination of this material. A main memorandum and
one or more supplemental memoranda were sent to the Commission for each title. The questions
and proposals for changes contained in the memoranda were
examined by the staff, proposed
responses were developed, and
the questions and proposals were
then considered and resolved by
the Commission itself. More than
100,000 questions were resolved
in this manner. In addition to
making the changes resulting from
resolving the questions contained
in -the memoranda, the editors
also made grammatical changes,
corrected typographical errors, renumbered Code sections and portions thereof, corrected cross-references within the text, and made
changes necessitated by rules of
style. All of these changes were
examined and approved by the
Commission and its staff.
Upon completion of this process, each title was typeset in a
page proof format and was again
examined completely by the editors and the Commission's staff.
The page proofs were proofread
several times and every memoranda question and response was
compared with the page proofs to
ensure that the editorial work was
correct. Throughout this process,
every effort was made to avoid
changes in the substance of the
VOL. 18 I NO. 3/ FEBRUARY 1982
law. In those instances in which
the Commission felt that a substantive change had to be made, a
separate bill was introduced in
the General Assembly to accomplish the change. these bills were
enacted in the 1980 and 1981 regular sessions of the General
Assembly. .
In reviewing the memoranda
and page proofs, the Commission
and its staff received the assistance of several hundred people
in the state. The Code Revision
Overview Committee of the State
Bar and a number of committees,
sectio~s. and individual members
of the Bar reviewed memoranda
or page proofs and provided valuable assistance to the Commission. In addition, each department
of state government and a number
of organizations assigned people
to work with the Commission in
the recodification project.
Upon completion of the review
of the page proofs, the Michie
Company printed 500 sets of the
statutory portion of the Code. This
man·uscript version is entitled the
Code of Georgia 1981 Legislative
Edition. It is this document that
was enacted by the General Assembly. Copies of the legislative
edition have been placed in the
office of the clerk of the superior
court or the county law library in
each county so that members of
the Bar may examine them. The
text of the statutes contained in
the legislative edition is currently
being merged with annotations,
notes, and other material and will
be published in the early summer
of 1982 as the Official Code of
Georgia Annotated. This new
Code will become effective on
November 1, 1982 and will repeal
the Code of 1933 and most general laws of the state as of the effective date.
statutory law, they are not the
most important changes made.
In the past when an Act of the
General Assembly was declared
unconstitutional, there was no established procedure to ensure that
such Act was specifically repealed
by the General Assembly. These
Acts are not included in the new
Code and are repealed by its
adoption.
There are also many laws that
are still in effect in a technical
sense but that are obsolete either
from the mere passage of time,
through the advancement of technology or society in general, or as
a result of changes in the law itself. As an example, under Chapter 78-2 of the Code of 1933, the
state provided pensions for exConfederate soldiers and their
widows. In 1912, there were
19,972 soldiers and widows receiving pensions, but they are all
now deceased. Thus, Chapter 78-2
has become obsolete through the
passage of time. As another example, under an 1826 Act, now codified as Code Section 40-1403, the
Comptroller General is required
to reside in the state capitol building. This provision may have
served a purpose at a time when
communications were slow, but it
is hardly necessary today and it
has been many years since this
Types of Changes
As noted earlier, in the preparation of the new code typographical errors were corrected, grammatical corrections were made,
and the laws were converted into
the style adopted by the Commission. While these changes are important from an aesthetic point of
view and constitute a major portion of the changes made in the
Terry A. McKenzie is a
Deputy Legislative Counsel and
is in charge of the Code Revision
Division of the Office of
Legislative Counsel of the
General Assembly of Georgia.
He received his B.B.A. degree in
1966 and his J.D. degree in 1969
from the University of Georgia.
103
Case 1:15-cv-02594-MHC Document 29-7 Filed 05/17/16 Page 4 of 5
NE\VCODE
provision was observed. Such obsolete laws · have been omitted
from the new Code.
Since the last official code was
adopted in 1933, there have been
several major reorganizations in
state government. A number of
the changes in the structure of
state government were accomplished through broadly worded
statutes. The Executive Reorganization Act of 19728 is an example
of this method of reorganization.
Using fairly broad language, this
Act transferred functions or assigned powers and duties without
specifically amending the text of
the statutes directly affected.
Thus, the Ocean Science Center
of the Atlantic Commission was
abolished and its functions were
divided between the Department
of Natural Resources, the Board
of Regents of the University System of Georgia, and the Department of Industry and Trade and
this division of functions was accomplished without a specific
amendment to the law creating
the commission. 9 The Code revision process has corrected the
language of the statutes to carry
out the various reorganization
Acts.
In addition to reorganization
Acts, there have been a number
of statutes and constitutional
amendments that have changed
the titles of public officials. These
have been given effect in the new
Code. For example, the term "ordinary" has been changed to
"judge of the probate court." 10
Of major significance has been
the resolution of conflicts in the
law and the deletion of material
that had previously been repealed
by implication. In performing this
part of the recodification process,
very careful attention was given
to the rules of statutory construction, always keeping in mind the
intention of the General Assembly
in enacting a particular statute.
Conflicts, of necessity, must be resolved if all general statutes are
being enacted at one time in a
new code because there will not
be a latest expression of the Gen-
104
eral Assembly once everything is
reenacted in one Act. As an example, Code Section 5-104 provides that the Commissioner of
Agriculture shall be allowed one
clerk to assist in the duties of his
office. Later appropriations Acts
and the laws dealing with the
State Merit System of Personnel
Administration allow the employment of more than one employee.
In preparing the new Code, such
conflicts in the law have been resolved and statutes have been repealed in the revision process to
avoid unintended results from the
adoption of the new Code.
Contents of the Code
The Official Code of Georgia
Annotated will contain 53 titles.
In addition to these titles, a separate volume will contain the
United States Constitution and the
Constitution of Georgia. The constitutions will not be assigned
Code title numbers but will retain
their original internal designations.
Until all annotations, editorial
notes, and other materials are
completed, it is impossible to determine the number of volumes
that the new Code will contain.
Each volume will contain between 700 and 850 pages, will be
stub bound to allow for substantial pocket parts before a volume
will need replacement, and will
be bound so that the book will lie
open at any page. The Michie
Company will sell individual
volumes of the Code in addition
to complete sets.
A new index is being prepared
for the Code. The general index
will contain no double jump or
blind references. Each provision
in the Code will be adequately indexed and, under the provisions
of the code revision contract, each
provision of the Code must be
cited in at least two index entries.
Each volume of the code will also
contain an individual volume index. Both of these indexes will
contain popular names of Acts
where they are ascertainable. In
addition to the general index, a
new local and special laws index
has been prepared. This index
contains all local laws enacted
since 1730. This has been compiled after a complete reading of
each Act and represents a significant historical resource.
Following each Code section is
a history line that will trace that
Code section back to its origin. If
a Code section originated in a
prior code, rather than in a separate Act, such fact will be noted
with the abbreviation "Orig." The
section number of the Act in
which the Code section or amendment thereto actually appears will
be given in each citation in addition to the volume and page number of the Georgia laws at which
the Act may be found. Also, each
official code and the section number thereof will be given in the
history line for a Code section to
show where that new Code section appeared in prior official
codes. While a Code section's history can easily be traced backwards through the history lines,
conversion tables will also be included in the new Code so that a
researcher can easily trace Code
sections from their origin forward
to the new Code. The Code will
also contain a note detailing the
history of prior codes in Georgia.
Where appropriate, Code sections will be followed by crossreferences to related provisions of
the Code as well as by appropriate references to the United
States Code. Code sections that
have been cited in articles or
notes in law reviews published in
Georgia, including the Georgia
State Bar journal, will be followed by a reference to such articles or notes. Editorial notes will
also be included where the editors or the Commission feel that
such notes would be helpful.
The editorial staff of the Michie
Company has read and annotated
all appropriate Georgia cases and
federal cases construing Georgia
law. The annotations contain direct quotations from the reported
decisions where possible. Annotations contain the full name of the
case, the full Georgia Reports and
Georgia Appeals Reports citations,
the full Southeastern Reporter citation, and the year of decision.
Annotations will generally be arranged by subject matter with
cases involving the constitutional-
GEORGIA STATE BAR JOURNAL
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NEW' CODE
ity of the statute appearing first.
In addition to judicial decisions,
the annotations will also include
summaries of the Opinions of the
Attorney General. Following the
Opinions of the Attorney General
will be research references that
will cite the user of the Code to
appropriate articles or notes in
American Jurisprudence, Corpus
Juris Secundum, American Law
Reports, and Uniform Laws
Annotated.
Points to Ponder
The adoption of the Official
Code of Georgia Annotated marks
a departure from prior codes in
several respects. Unlike a number
of prior codes, the new Code contains a specific repealer that repeals all prior codes and most
prior general laws of the state. If a
law was omitted from the Code of
1933, it was not necessarily repealed as a result of the omission.
Code Section 1-1-10 of the new
Code repeals all prior laws except
for those excepted from repeal. In
addition to specific Code sections
or Acts that are listed, Code Section 1-1-10 exempts 15 classes of
Acts and resolutions from repeal.
These classes include laws that
are not normally contained in a
code because they are of limited
duration or of limited interest to
researchers. Examples of these
types of laws include appropriations Acts, resolutions authorizing
leases of state property, local Acts,
resolutions creating study committees of the General Assembly, and
Acts or resolutions directing that a
memorial be erected or that a
bridge be named in honor of
someone. Although not codified,
citations to these Acts and resolutions will be carried in the index.
The important point to remember is that the Official Code of
Georgia Annotated will be the official publication of the general
laws of this state that are contained therein. Future general
Acts of the General Assembly will
be drafted as amendments to this
Code and it is this Code that will
be cited in state publications.
106
Code revision is an ongoing effort. The Commission will continue in existence and can make
recommendations and introduce
legislation, through its members,
to maintain the Official Code of
Georgia Annotated. The Commission will also provide members of
the Bar with a conduit for comments and suggestions for improvements in the Code.
The State of Georgia holds a
copyright for the Official Code of
Georgia Annotated. Under the
provisions of the contract with the
Michie Company, the Commission will control the price of the
Code to subscribers, the price of
pocket parts, and the replacement
of individual volumes of the
Code. The Commission intends to
allow the replacement of volumes
only when that becomes absolutely necessary. While the final
price to subscribers will not be
fixed until later, the Michie Company is offering a prepublication
price of $600 per set to subscribers
until March 1, 1982.
The Commission and the
Michie Company have designed
the new Code to make it as easy
to use as possible. Every attempt
has been made to make the arrangement of the laws within the
Code as logical as possible and to
allow for orderly future growth. A
user's guide will be provided with
the Code to explain its usage.
In addition to the user's guide,
subscribers are encouraged to
read the foreword and Title 1. Title 1, "General Provisions," contains the rules of statutory construction, definitions of terms that
are used throughout the Code, a
statement of legislative intent,
statements relating to the effect of
the new Code, and repealers and
exceptions thereto.
A card will be placed in each
set of the new Code containing a
toll-free telephone number for the
Michie Company. Anyone having
a question or comment concerning the new Code is encouraged
to call the publisher or the
Commission.
The index for the new Code
will also contain postage-paid
cards that can be used if there is
any question or comment concerning index entries. The prepa-
ration of an index is one of the
most difficult aspects of publishing. Every effort is being made to
ensure that the index for the new
Code will be of the highest quality
and will be easy to use. Anyone
who feels that additional index
entries would be helpful or who
has difficulty finding a Code section in the new Code is encouraged to fill out and mail one
of the postage-paid cards or to use
the toll-free telephone number.
Since the index has not been
completed, members of the Bar
are also encouraged to provide
the Commission with their suggestions for particular index entries
now so that such suggestions can
be incorporated into the index
prior to· publication. Correspondence can be addressed to the
Commission at 316 State Capitol,
Atlanta, Georgia 30334.
Conclusion
On November 1, 1982, the State
of Georgia, the General Assembly,
and the legal profession will enter
a new era in Georgia. The Code
Revision Commission, the Office
of Legislative Counsel, the Michie
Company, and the hundreds of
people who have participated in
the recodification process believe
that it will be a positive step
forward.
FOOTNOTES
Ga. L. 1981, Ex. Seas., p. 8.
2. Ga. L. 1976, p. 739.
3. Ga. L. 1977, p. 922, amended by Ga.
L . 1978, p. 230.
4. The three unit numbering system is
used in a number of state codes. Under
this system the Code section number is a
combination of the title, chapter, and section numbers, separated by dashes. Thus,
Code Section 25-2-3 is Code Section 3 of
Chapter 2 of Title 25. While articles, parts,
and subparts of the Code are numbered,
they are not reflected in Code section
numbers.
5. Subsections are designated (a}, (b),
etc.; paragraphs are designated (1), (2),
etc.; subparagraphs are designated (A),
(B), etc.; divisions are designated (i), (ii) ,
etc.; and subdivisions are designated (I),
(II) , etc.
6. Funk & Wagnalls Standard College
Dictionary, copyright 1977 by Harper &
Row, Publishers, Inc.
7. In connection with definitions sections, users of the Code should note Code
Section 1-3-2 of the Official Code of Georgia Annotated.
8. Ga. L. 1972, p. 1015, as amended.
9. Ga. L. 1972, p. 1015, Sections 705,
1518, and 2203.
10. Article VI, Section VI, Paragraph
IV of the Constitution of Georgia of 1976.
1.
GEORGIA STATE BAR JOURNAL
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